Model Law Enforcement CPRA Policy

Californians Aware's recommended policy on release of public information, designed to be adopted by California sheriffs and police chiefs and prominently posted in station lobbies and on the department's website

Your Rights to Know about Our Department

By Chief/Sheriff __________________

Welcome!As a resident of this area, as a Californian, or even just as an inquiring individual from anywhere,you have the legal right to know as much about our department as we can make public withoutinvading the rights of others or preventing us from keeping the public safe and apprehendinglawbreakers.

Our Information Is Generally Presumed Public

Your rights are set forth in the California Public Records Act (Government Code Section 6254).That law requires us and any other state or local agency in California to honor your request toreview or get copies of our documents (paper, film or electronic) unless some specific law saysotherwise. If it does, we must be prepared to quote or cite that law so you can look it up foryourself if you like.

Our Main Restrictions on Disclosure

Subdivision (f) of Section 6254—the main law restricting access to our records—says basicallythree things. 1. Generally speaking, while not required to, we may and normally will withhold recordsof complaints we receive, investigations we conduct, intelligence information we develop orsecurity procedures we adopt related to law enforcement, correctional or licensing purposes. Thelaw does not permit us to share this information selectively—if released to you it becomes opento anyone, and you can imagine how those planning a crime or hoping to avoid detection mightuse such information. 2. On the other hand, if you have been involved in a vehicle mishap of some kind, youare entitled to a copy of any report we have concerning it, for a fee that does not exceed the actualcost of providing the copy. And if you are the victim of a crime reported to us, a copy of ourreport is available to you for the cost of making a copy. 3. Finally, you have the right to certain basic facts about any crime or other incident wehave responded to, or arrest we have made, unless we are prepared to show that disclosure of aparticular fact would keep us from successfully completing an investigation or would threaten thesafety of someone involved. We need not share our full reports on these matters so long as wesomehow provide you with the following specifics: Crimes or Incidents -- The time, substance, and location of all complaints or requests forassistance we receive and the time and nature of our response, including (to the extent we have arecord of a crime or incident) the time, date, and location of the occurrence, the time and date ofthe report, the name and age of the victim, the factual circumstances surrounding the crime orincident, and a general description of any injuries, property, or weapons involved. Victims ofsexual assaults or child, spousal or elder abuse or hate crimes need not be named and seldom are. Arrests -- The full name, date of birth, sex and occupation of everyone we arrest as wellas his or her eye and hair color, height and weight; also the time, date of and location of thearrest, and the surrounding factual circumstances; the time and date of booking, the time andmanner of release or the location where the person is currently being held; and the amount of bailset and all charges he or she is being held on, including any outstanding warrants from otherjurisdictions and parole or probation holds. Minors detained for delinquency or otherwise underthe Juvenile Court law may not be identified, nor persons taken into custody temporarily forpsychological evaluation as to whether they are a danger to themselves or others. Also, we are notpermitted to do arrest searches for public release keyed to person’s names, because criminalhistory information—a “rap sheet”—about individuals is confidential.Responding to Your RequestYou need not fill out a written form or otherwise disclose your name, affiliation, or purpose forrequesting the information, unless you want addresses of crime victims or those arrested. In thatcase you must sign a sworn declaration that you are seeking the information for a scholarly,journalistic, political, or governmental purpose and not for marketing or other business uses. Butalthough anonymity is otherwise your legal right, we encourage you to use our form to easeprocessing of the request and getting back to you. At a minimum you should provide us with aphone number or e-mail address and some kind of name to call you. The simpler your request and the better you describe it, the sooner we can get back toyou. Some very routine information may be yours for the asking on the same day that you stopby or call us up—no written request required. The advantages of a written request—in your letteror on our form—is that it helps to clarify a larger or more complicated request, and it legallyentitles you to a written response from us in case we have to deny all or part of your request. That denial notice, if we have to make it, must be made within 10 days or your requestunless one or more of four situations exist, in which case we must let you know in writing that wemay have to take up to 14 more days for a final determination. The four justifications for takingextra time are: • having to get the records from a separate location, • having to process a large number of records sought in a single request, • having to check with other departments or agencies with a right to be consulted, or • having to compile data, to write new code or a computer program, or to construct acomputer report to extract data.But if we must take this extra time we must give you a date when we expect to have thedetermination for you—as well as, we hope, all the records you are entitled to. By the way, although the law does not require this, if there’s a record concerning thisdepartment or its employees that is normally filed or kept somewhere else, we will tell you wherethat is and you can either get it there yourself or, if you’re willing to wait or come back in an houror so, we’ll have the record faxed here and ready for you to pick up—or just faxed to a numberyou supply.

Let Me Know If There’s a Problem or Question

Our office personnel are expected to understand and carry out this policy in a friendly andprofessional manner, but the best policy and the best intentions don’t always do the job. If youthink your request is not being handled as I have described, let me know by phone at _________(you may need to leave a message) or by e-mail at _____________.